Room attendant unfairly dismissed after trust breakdown: basic award only
A room attendant with 10 years' service was unfairly dismissed for irretrievable breakdown of trust and confidence, but the tribunal found she would have been dismissed two weeks later anyway. She received a basic award of £1,665.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant worked as a room attendant from 2012 until dismissal in January 2022.
- She had endogenous depression, accepted as a disability, known to the respondent from January 2019.
- She made protected disclosures about COVID-19 safety breaches in December 2020 and May 2021.
- The respondent dismissed her for irretrievable breakdown of trust and confidence, without following the occupational health recommendation for a further meeting.
- The tribunal found the dismissal unfair but that she would have been dismissed two weeks later if a fair procedure had been followed.
- The claimant's other claims (protected disclosure detriment, disability discrimination, victimisation, etc.) were dismissed.
Timeline
-
Employment started
Claimant began working for the respondent as a part-time room attendant.
-
Diagnosed with endogenous depression
Claimant was diagnosed with endogenous depression, later accepted as a disability.
-
Occupational health report
First occupational health report provided to respondent, confirming disability and suggesting adjustments.
-
Meeting on room cleaning limit
Claimant agreed to clean 3 full-service rooms daily due to her part-time hours; no medical reason disclosed.
-
November lockdown shifts
Claimant was not given any shifts during the November 2020 lockdown, while some colleagues were.
-
Verbal protected disclosure
Claimant verbally raised concerns about washing cups in rooms and touchpad cleaning to supervisors.
-
Third lockdown begins
Hotel closed; claimant received fewer weekend shifts than colleagues until May 2021.
-
Written protected disclosure
Claimant emailed HR refusing to wash mugs in rooms due to COVID risk; respondent changed practice within hours.
-
Return to work meeting
Ms Offord commented on claimant's thick file and called GP without permission; claimant distressed.
-
Claim presented to tribunal
Claimant submitted employment tribunal claim.
-
Dismissal
Respondent dismissed claimant with notice for irretrievable breakdown of trust and confidence.
-
Liability judgment
Tribunal found unfair dismissal but no other claims succeeded; remedy hearing set.
-
Remedy judgment
Basic award of £1,665 awarded; compensatory award nil due to Polkey reduction.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed for 'some other substantial reason' (breakdown of trust and confidence) and whether her other claims—including protected disclosure detriment, disability discrimination, and victimisation—were made out.
The outcome
The tribunal found that the claimant was unfairly dismissed. The employer relied on a breakdown of trust and confidence but did not follow the occupational health advice to hold a further meeting before dismissing her.
However, the tribunal also found that if a fair procedure had been followed, the claimant would have been dismissed two weeks later on capability grounds. This meant the compensatory award was reduced to nil under the Polkey principle.
The claimant's other claims—including protected disclosure detriment, disability discrimination, victimisation, and part-time worker regulations—were all dismissed.
Compensation breakdown:
- Basic award: £1,665
- Compensatory award: £0 (100% Polkey reduction)
- Total: £1,665
Lessons & takeaways
- Employers should follow occupational health recommendations, especially when they suggest further meetings before a final decision.
- A dismissal for breakdown of trust and confidence can be fair if properly handled, but failing to follow procedure makes it unfair.
- Even if a dismissal is unfair, compensation can be reduced to nil if the employee would have been dismissed anyway under a fair process.
- Making protected disclosures does not automatically protect an employee from dismissal if the employer has a separate, genuine reason.
A dismissal that was unfair in procedure but not in outcome
This case shows how a procedural failing can make a dismissal unfair, even when the underlying reason is genuine. The room attendant, who had worked for Lainston House Limited for a decade, was dismissed for an irretrievable breakdown of trust and confidence. The employer had an occupational health report that suggested a further meeting might help, but they went ahead and dismissed without it.
The tribunal found that this failure to follow the occupational health recommendation put the dismissal outside the range of reasonable responses. However, they also found that the claimant would have been dismissed just two weeks later on capability grounds if a fair procedure had been followed. This meant the compensatory award was reduced to nil, leaving only the basic award of £1,665.
What the employer could have done differently
Lainston House could have avoided the finding of unfairness by simply arranging the further meeting recommended by occupational health. Even if the outcome would have been the same, following that step would have made the process fair. The tribunal noted that the employer had a genuine concern about the breakdown of trust, but the rushed decision cost them the chance to argue the dismissal was fair.
Why this matters for similar claims
For employees, this case is a reminder that procedural errors can win you a finding of unfair dismissal, but compensation may be limited if the employer can show you would have been dismissed anyway. For employers, it highlights the importance of following expert advice and not cutting corners, even when the relationship has broken down. The claimant's other claims—including those about protected disclosures and disability discrimination—were all dismissed, showing that not every claim in a case will succeed.
Similar cases
Night care assistant dismissed for capability after unresolved payroll system errors: a fair dismissal but notice pay awarded
A night care assistant with 7 years' service was fairly dismissed for capability due to long-term sickness linked to unresolved grievances about payroll system errors. The tribunal awarded £153.62 for unpaid notice pay but rejected all other claims.
Teacher dismissed after 11 months sick leave: capability dismissal upheld
A teacher who was dismissed for long-term sickness absence after 11 months has lost her claims for unfair dismissal, whistleblowing detriment and disability discrimination. The tribunal found the college acted reasonably.
Meter reader with 16 years' service unfairly dismissed for ill health capability
A meter reader who was dismissed while on long-term sick leave after a motorbike accident has won his unfair dismissal and disability discrimination claim. The tribunal found that Morrison Data Services Ltd failed to obtain an up-to-date occupational health report before deciding to dismiss.
Security officer dismissed after back injury: tribunal finds unfair dismissal and disability discrimination
A security officer with six years' service was unfairly dismissed after a back injury. The tribunal also found that CIS Security Ltd failed to make reasonable adjustments and discriminated against him arising from his disability.